May 8, 2019 Pacific Daily News article: https://www.guampdn.com/story/news/local/2019/05/07/treatment-programs-sexual-offenders-changes-mafnas-freed/1124230001/
Category: Justice
Key Findings from May 6th Criminal Sexual Conduct Roundtable
FOR IMMEDIATE NEWS RELEASE (May 6, 2019 – Hagåtña)
Senator Therese Terlaje held a roundtable discussion this afternoon with members of the Judiciary, Office of the Attorney General, Department of Corrections, the Parole Board, Guam Behavioral Health and Wellness Center, and Public Defenders Service Corporation regarding Guam’s sentencing laws, rehabilitation programs and parole for repeat sexual offenders, particularly when committed against children.
Prior to the hearing, Senator Therese Terlaje asked the invited agencies to provide information that would help the Legislature determine if there is adequate assessment, treatment, or rehabilitation for repeat criminal sexual contact offenders and if any such tools are currently being used or should be incorporated into sentencing and parole.
The following are some of the key findings:
· Prior to 2017, there were no rehabilitation or treatment programs available on Guam for repeat Criminal Sexual Conduct offenders. Department of Corrections (DOC) reported that it recently instituted a Sex Offender treatment program, based on cognitive behavior interventions (CBI) best practices, but only 15 people can be put in this program.
· Psychological evaluations are often requested by the Parole Board to be included in Parole Investigation Reports used to make parole decisions. However, these evaluations are not always conducted or made available to the Parole Board before hearings are held. Chairman MiChelle Taitano of the Guam Parole Board reported that in light of the Paul Mafnas case, no hearings will be held unless the Parole Board has a completed psychological evaluation.
· Risk assessments are not catered to criminal sexual contact repeat offenders and this risk may not be adequately known by judges, Department of Corrections or Parole Board.
· Pre-sentencing investigation reports and recommendations regarding parole made at the time of sentencing are have not been available to the Parole office or Parole Board when making parole decisions even though it is mandated by statute.
· Current reality is that criminal sexual conduct offenders will continue to be released at the expiration of sentence without accurate risk assessment, without any treatment and without further monitoring required.
Senator Terlaje states, “All relevant information and risk assessment must be made available. We can’t pretend to know the risk. We must all unite and act immediately to prevent repeat offenses and to protect our community. If we can’t get the correct information to ensure the safety of children, we should put a moratorium on parole.
FIRST NOTICE of Public Hearings – April 29, 2019 at 9:00 AM and May 6, 2019 at 1:00 PM
Senator Terlaje believes an examination of whether sentencing laws, rehabilitation, and parole are protecting our community from repeat sex offenders in necessary. The meeting will take place on May 6th at 1 p.m. Prior to the meeting, Senator Terlaje is soliciting additional recommendations and findings. Additionally, Senator Terlaje is inquiring with the Attorney General if proper procedures were followed in the Mafnas case.
“As a mother of three daughters, I share the justifiable anger of the women and men in our community at the high number of criminal sexual offenses and especially those against children on Guam. I am convinced that the incidences of repeat rapists warrants an urgent look by elected officials, the courts, and the entire criminal justice system at whether our current sentencing, imprisonment, rehabilitation, and release of sexual offenders is truly protecting our children and our community from repeat offenders. There are obviously gaps that need to be closed immediately to prevent further harm. We owe it to our children and to the survivors of these horrendous crimes to move heaven and earth to keep them safe. As a lawyer and in my capacity as Chair of the Legislative Committee on Justice, I will begin with closing any gaps in our system that enable repeat offenders. We will ensure that laws that require victims to be heard and protected are enforced and that everyone is held accountable. We must immediately incorporate updated mental health, medical, and other tools to stop sexual crimes,” states Senator Terlaje.
See the following news reports regarding the upcoming Roundtable Discussion:
TERLAJE: BILL EXPEDITES DISTRIBUTION OF WAR CLAIMS FOR AWARDEES WHO PASS AWAY WHILE WAITING FOR AWARDS
FOR IMMEDIATE NEWS RELEASE (September 7, 2018 – Hagåtña) –Vice Speaker Therese M. Terlaje (D-Yoña) introduced a bill to streamline the distribution of war claims awards for survivor awardees who pass away before receiving their award. Bill No. 344-34 (COR) will ensure that the families or the heirs of eligible war survivors can obtain the recipient’s award expeditiously and at minimum cost. The bill would remove the requirement for a probate hearing, remove court costs and cap attorney fees at no more than $300.
The impetus for the bill was the news of the recent death of one of the war survivors from Merizo that Vice Speaker Therese Terlaje and her staff assisted in filing a war claims application.
“We have watched numerous members of this greatest generation pass on before seeing any compensation for the hardships that they experienced during the war. They deserve all of the help that we can offer them. Although we can’t help those that Congress already excluded, (war survivors who passed away before December 23, 2016) we can do our best for those who were allowed to submit a claim. It is my hope that this bill can shorten the wait and the costs for the families of any war claims applicants who die before receiving their war claims award,” stated Vice Speaker Terlaje.
Honor the Strength of Our People: 2018 Memorial Ceremonies and Events
NEWS Coverage: Senate Committee on the Judiciary Hearing on Senate Bill 197, also known as the Radiation Exposure Compensation Act (RECA) Amendments Act of 2017
VIEW NEWS COVERAGE ON THE HEARING:
KUAM News:
Robert Celestial urges senators in DC to pass nuclear testing legislation
http://www.kuam.com/story/38527336/robert-celestial-urges-senators-in-dc-to-pass-nuclear-testing-legislation
Pacific News Center:
Radiation Survivors president testifies before Senate subcommittee
https://pacificnewscenter.com/radiation-survivors-president-testifies-before-senate-subcommittee/
Guam Daily Post:
US Senate Committee to hear Guam voice on radiation-related illness
https://www.postguam.com/news/local/us-senate-committee-to-hear-guam-voice-on-radiation-related/article_8c413fe4-79eb-11e8-a593-2bd27d1b39fb.html
Guam advocate for radiation-related illness compensation heard in US Senate
https://www.postguam.com/news/local/guam-advocate-for-radiation-related-illness-compensation-heard-in-us/article_1c9e843c-7a6b-11e8-a2d9-73c55c32f868.html
Pacific Daily News:
Bordallo supports bill aimed at veterans affected by nuclear radiation
https://www.guampdn.com/story/news/2018/06/28/nuclear-compensation-bill-receives-support-congresswoman/740639002/
Saipan Tribune:
PARS commends Celestial for testifying on behalf of the people of Guam
https://www.saipantribune.com/index.php/pars-commends-celestial-for-testifying-on-behalf-of-the-people-of-guam/
Marianas Variety:
US Senate panel to hear Guam’s inclusion in radiation exposure compensation program
http://www.mvariety.com/cnmi/cnmi-news/local/105237-us-senate-panel-to-hear-guam-s-inclusion-in-radiation-exposure-compensation-program
Kilili urges US to address downwind inequities
http://www.mvariety.com/cnmi/cnmi-news/local/105650-kilili-urges-us-to-address-downwind-inequities
Newstalk K57:
Senator Therese Terlaje and Robert Celestial with Patti Arroyo
https://k57.com/sen-terese-terlaje-and-robert-celestial-with-patti-arroyo/
Robert Celestial with Andrea Pellacani
https://k57.com/robert-celestial-with-andrea-pellacani/
Pacific Island Times:
US Sent Panel to Hear Radiation Compensation Bill
https://www.pacificislandtimes.com/single-post/2018/06/14/US-Senate-panel-to-hear-radiation-compensation-bill
Guam Pushing for Radiation Exposure Compensation in Washington
https://www.pacificislandtimes.com/single-post/2018/06/27/Guam-pushing-for-radiation-exposure-comp-in-Washington-DC
For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
VICE SPEAKER TERLAJE CONGRATULATES PARS AND AFFIRMS INCLUSION IN RECA IS OVERDUE
FOR IMMEDIATE NEWS RELEASE (June 28, 2018 – Hagåtña) –Vice Speaker Therese Terlaje commends the Pacific Association of Radiation Survivors and their president Robert Celestial for his historic testimony today in front of the Senate Committee on the Judiciary on Senate Bill 197, also known as the Radiation Exposure Compensation Act (RECA) Amendments Act of 2017, which would include Guam as one of the downwind areas.
“I congratulate Robert Celestial and the Pacific Association of Radiation Survivors and all of those who have helped them along the way, for their work and personal sacrifice in continuing to advocate for justice for Guam. These few work out of love for the benefit of many, many people on Guam who are suffering from cancer and other radiation related illness. I am very grateful, and am trying my best to ensure that we as leaders do all we can to support and continue this fight for justice, compassion, and health,” Vice Speaker Terlaje stated.
Vice Speaker Terlaje also submitted written testimony to the Senate Judiciary Committee expressing her support for S. 197. According to the U.S. Census, the population of Guam between 1940 and 1960 ranged from 22,290 to 67,044 inhabitants. This is the number of people who were exposed to radiation as downwinders during the time of nuclear testing in the Marshall Islands. (Please see the attached written testimony from Vice Speaker Terlaje.)
“It’s an unsettling truth that our family members were exposed to radiation from U.S. nuclear testing, and suffer from cancer and other illnesses. The U.S. government provides free medical care and compassionate compensation to people from other jurisdictions that were exposed. Since the findings in 2005, Guam’s inclusion in RECA is overdue. Compassion, medical care, and justice for the people of Guam suffering from cancer is equally warranted,” Vice Speaker Terlaje stated.
Read Vice Speaker Terlaje’s written testimony here:
Terlaje RECA Senate Judiciary Written Testimony June 2018
Read Robert Celestial’s testimony here:
06-27-18 Celestial Testimony
VIEW NEWS COVERAGE ON THE HEARING:
KUAM News:
Robert Celestial urges senators in DC to pass nuclear testing legislation
http://www.kuam.com/story/38527336/robert-celestial-urges-senators-in-dc-to-pass-nuclear-testing-legislation
Pacific News Center:
Radiation Survivors president testifies before Senate subcommittee
https://pacificnewscenter.com/radiation-survivors-president-testifies-before-senate-subcommittee/
Guam Daily Post:
US Senate Committee to hear Guam voice on radiation-related illness
https://www.postguam.com/news/local/us-senate-committee-to-hear-guam-voice-on-radiation-related/article_8c413fe4-79eb-11e8-a593-2bd27d1b39fb.html
Guam advocate for radiation-related illness compensation heard in US Senate
https://www.postguam.com/news/local/guam-advocate-for-radiation-related-illness-compensation-heard-in-us/article_1c9e843c-7a6b-11e8-a2d9-73c55c32f868.html
Pacific Daily News:
Bordallo supports bill aimed at veterans affected by nuclear radiation
https://www.guampdn.com/story/news/2018/06/28/nuclear-compensation-bill-receives-support-congresswoman/740639002/
Saipan Tribune:
PARS commends Celestial for testifying on behalf of the people of Guam
https://www.saipantribune.com/index.php/pars-commends-celestial-for-testifying-on-behalf-of-the-people-of-guam/
Marianas Variety:
US Senate panel to hear Guam’s inclusion in radiation exposure compensation program
http://www.mvariety.com/cnmi/cnmi-news/local/105237-us-senate-panel-to-hear-guam-s-inclusion-in-radiation-exposure-compensation-program
Kilili urges US to address downwind inequities
http://www.mvariety.com/cnmi/cnmi-news/local/105650-kilili-urges-us-to-address-downwind-inequities
Newstalk K57:
Senator Therese Terlaje and Robert Celestial with Patti Arroyo
https://k57.com/sen-terese-terlaje-and-robert-celestial-with-patti-arroyo/
Robert Celestial with Andrea Pellacani
https://k57.com/robert-celestial-with-andrea-pellacani/
Pacific Island Times:
US Sent Panel to Hear Radiation Compensation Bill
https://www.pacificislandtimes.com/single-post/2018/06/14/US-Senate-panel-to-hear-radiation-compensation-bill
Guam Pushing for Radiation Exposure Compensation in Washington
https://www.pacificislandtimes.com/single-post/2018/06/27/Guam-pushing-for-radiation-exposure-comp-in-Washington-DC
For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
GUAM TO MAKE ITS CASE IN WASHINGTON FOR RADIATION EXPOSURE COMPENSATION
FOR IMMEDIATE NEWS RELEASE (June 27, 2018 – Hagåtña) – Panelists are set to examine the requirements for the Radiation Exposure Compensation Program in a hearing with the U.S. Senate Committee on the Judiciary taking place at midnight, Guam time, tonight. Guam resident, longtime advocate, and president of the Pacific Association for Radiation Survivors (PARS), Robert Celestial will join other advocates from New Mexico, Arizona, and Idaho on a panel to discuss Senate Bill 197, also known as Radiation Exposure Compensation Act (RECA) Amendments of 2017. The Act would allow those who resided in Guam between 1946 and 1962 and who suffered from cancer or other listed radiation-related illnesses, to apply for compensation that would include free medical care and up to $150,000 from the remaining funds in the RECA Trust Fund. The panelists will each have 5 minutes to provide testimony and answer questions. Guam residents can watch the live broadcast of the hearing at 12 a.m. on June 28 at: https://www.judiciary.senate.gov/meetings/examining-the-eligibility- requirements-for-the-radiation-exposure-compensation-program-to-ensure-all-downwinders-receive- coverage.
Yesterday, Vice Speaker Therese Terlaje and Mr. Celestial met with staff members from the office of Senator Mike Crapo (R-Idaho), the main sponsor of S.197 who will also be chairing the hearing. There will be 2 panels at the hearing, the first panel led by Senator Tom Udall (D-New Mexico) who sponsored a similar bill in previous terms. The second panel will include Mr. Celestial and other representatives.
Please see the statement from the Office of Senator Crapo at: https://www.crapo.senate.gov/media/newsreleases/reca-downwinder-hearing-to-be-carried-live
Vice Speaker Terlaje and Mr. Celestial also met with Congressman Greg Walden (R-Oregon), Chairman of House Energy and Commerce Committee, to discuss HR 2049, which is the RECA bill in the House of Representatives. Unlike the Senate where the bill was referred to one committee, HR 2049 was referred to 3 committees in the House, including the Energy, Judiciary, and Education committees. Also unlike the RECA bill in the Senate, HR 2049 would give healthcare parity to atomic cleanup veterans such as Celestial, who helped cleanup Enewetak after the nuclear testing. According to Terlaje, Congressman Walden thanked her and Celestial for bringing the scientific findings and recommendations by the National Academies of Science that Guam should be included as downwinders in RECA to his attention and promised that he would look into it. The Congressman also thanked Celestial for his military service, and said, “Our country is not done paying for World War II”.
Today, Vice Speaker Terlaje will meet again with the main sponsor of HR 2049, Congressman Ben Ray Lujan’s (D-New Mexico) staff. After tomorrow’s hearing, Vice Speaker Terlaje and Mr. Celestial will meet with Senators and members of the House to discuss healthcare parity for atomic cleanup veterans, which was fully supported by the Guam Legislature Resolution No. 40-34.
For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
JUSTICE FOR GUAM RESIDENTS EXPOSED TO RADIATION FINALLY ONE STEP CLOSER TO BEING ACHIEVED
FOR IMMEDIATE NEWS RELEASE (June 13, 2018 – Hagåtña) – Another step forward was achieved by the Pacific Association for Radiation Survivors’ (PARS) fight for justice and assistance for those exposed to radiation on Guam during nuclear weapons testing conducted by the U.S. government in the Marshall Islands. The United States Senate Committee on the Judiciary will hold a hearing at 10:00 am on June 27, 2018 in Washington D.C. for S.B. 197, Radiation Exposure Compensation Act Amendments (RECA) of 2017, which would allow those who resided in Guam between 1945 and 1962 and who suffered from cancer or other listed radiation-related illness, to apply for compensation that would include free medical care and up to $150,000 from the remaining funds in the RECA Trust Fund.
Robert N. Celestial, president of PARS and longtime advocate for the inclusion of Guam in RECA, has been invited by the U.S. Senate Committee to testify on behalf of the people of Guam. He will be travelling to Washington D.C. to provide his expert testimony and many years of research.
Vice Speaker Therese Terlaje will also be attending the hearing and following up on lobbying that she participated in last October 2017 in furtherance of Resolution No. 39-34 (COR), passed unanimously by the 34th Guam Legislature in April 2017, which petitioned the U.S. Congress to pass legislation that would compensate those suffering from cancer and health issues due to radiation exposure from nuclear weapons testing in the Pacific.
“Guam has been united in this effort for many, many years through the leadership of the Pacific Association of Radiation Survivors (PARS), Mr. Robert N. Celestial, the late Dr. Chris Perez, the late Senator Angel Santos, former Speakers Ben Pangelinan, Mark Forbes, Judith Won Pat, Speaker BJ Cruz, and many others. Justice is long overdue,” stated Vice Speaker Terlaje.
Terlaje further stated, “Free medical care and compassionate payments of $150,000 will certainly help cancer patients on Guam. Mr. Robert Celestial and the people of Guam have been working for years to educate lawmakers and ensure justice and financial redress for Guam, as has been given to other downwind populations who have endured the environmental and health impacts from radiation. A Senate hearing on whether to include Guam is an historic first. ”
“I want members of Congress to recognize that this is a very important issue that warrants justice for Guam’s people and that Guam’s leaders are in full support” stated Terlaje.
For more information, please call the Office of Vice Speaker Therese M. Terlaje at (671) 472-3586.
